Department of Justice Files Statement in Support of Church Food Pantry Ministry
Pastor Jose Castro. (Photo courtesy of Gethsemani Baptist Church)
The Department of Justice has expressed an interest in an Arizona case involving a church that has been dealing with alleged zoning code violations for a benevolence food pantry it has operated for nearly 25 years.
In March, Gethsemani Baptist Church filed a complaint in federal court under the Religious Land Use and Institutionalized Persons Act (RLUIPA) to stop the city of San Luis, Arizona, from blocking the church from distributing food to the poor.
Now the Department of Justice has filed a “statement of interest” in the case.
“Because this litigation implicates the proper interpretation and application of RLUIPA, the United States has a strong interest in the issues raised by the City’s Motion and believes that its participation will aid the Court,” the statement reads.
First Liberty, a public interest law firm representing the church, told MinistryWatch that it is grateful the Department of Justice filed the statement of interest.
“A Statement of Interest is the United States of America saying that it has an interest in how the laws of the United States are enforced and would like the court to be aware of its position early on in the case,” First Liberty Senior Counsel Jeremy Dys explained. “It is very impactful to the litigation when the United States of America essentially endorses or reinforces the arguments of one party.”
Dys pointed out that this is the 28th statement of interest filed by the Department of Justice since RLUIPA was passed in 2000.
In this case, the Department of Justice supports the church’s arguments and refutes a motion to dismiss the case that was filed by the city.
In its motion to dismiss, the city argued that the church should apply for a conditional use permit in order to continuing its food distribution.
However, the Justice Department asserts that the church is not required to apply for a conditional use permit.
“Accepting the City’s argument, a municipality can abruptly and unlawfully prohibit a legal nonconforming religious use and then require the religious group to go through a prohibitively expensive and time-consuming application process” that it may not be able to afford, the statement read.
According to the Justice Department, the permit process would frustrate the purpose of RLUIPA, which Congress enacted “in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this chapter and the Constitution.”
“Churches have been on the front lines helping to alleviate hunger and meet the needs of those experiencing food insecurity across the country,” Assistant Attorney General Kristen Clarke said in a press statement.
“Federal law provides broad protection to religious exercise, including for ministries that serve people who are hungry or in need of basic supplies. Once a municipality applies its zoning code to restrict religious exercise, impacted groups do not need to jump through procedural hoops to obtain relief in federal court. The Justice Department is committed to ensuring that religious groups can properly exercise their rights under RLUIPA.”
Dys added, “Churches like Gethsemani Baptist who are laboring every day to care for their community should receive the support of their city. We hope the support of the law given by the United States of America motivates the City of San Luis to end their opposition to Pastor Castro and support his good work.”
MinistryWatch has reported on several ministries and churches dealing with zoning code issues. They can be found here.
This story has been republished with permission from Ministry Watch.
Kim Roberts is a freelance writer who holds a Juris Doctorate from Baylor University. She has home schooled her three children and is happily married to her husband of 25 years.